TARUNI THAKUR Vs. KAMENDRA SINGH

JUDGEMENT

(1.) Legality and propriety of order dated 22.04.2010, passed by IVth Civil Judge, Class II, Jagdalpur, in Civil Suit No. 3-A/09 is under assail in the instant petition.

(2.) The claim of the Plaintiff was admitted by the Petitioners/Defendants. The Defendant No. 2 denied the claim put-forth by the Plaintiff and thus she is a contesting Defendant. The Petitioners were not allowed by the trial court to cross examine witnesses produced by the Defendant No. 2 vide order impugned. Hence this petition.

(3.) Shri Uttam Pandey, learned Counsel appearing for the Petitioners would submit contents of affidavit filed by the Respondent No. 2 are adverse to the interest of the Petitioners, and therefore, it was necessary for the Petitioners to cross examine her and the same has been illegally disallowed by the trial court.